Developments in Foreign-Related Cases, IP and Otherwise

Here’s an excellent posting from a “sister blog”, Susan Finder’s Supreme People’s Court Monitor, on developments in foreign-related cases in China.   The blog points to legal reforms in process that could result in a more activist role of China’s judiciary in international affairs, including by participating in international norms setting, strengthening judicial cooperation with Hong Kong, Macau and Taiwan, and perfecting judicial assistance.  The court also noted that it would also “vigorously” assert jurisdiction in international matters, (this was briefly discussed on this blog in the Huawei vs Interdigital case).

Judge Luo Dongchuan,  chief judge of the number four civil tribunal, and a respected former IP judge, is cited by Susan Finder, as suggesting four areas of additional engagement by the courts:

  • “Establishing an electronic platform for service of legal process outside of the jurisdiction (intended to mean Hong Kong, Macau, Taiwan, as well as foreign countries);
  • Investigating and obtaining evidence …
  • Determining foreign law, through establishing a database of experts (Chinese and foreign).
  • Restricting parties to litigation from leaving China”

Clearly, international engagement by the courts is on the increase.  Transnational IP could be greatly influenced by these developments.

One thought on “Developments in Foreign-Related Cases, IP and Otherwise

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s